Professional Documents
Culture Documents
Chapter 1
Introduction
The United Nation and countries around the world formulated different laws and
programs to address the problem of juvenile delinquency. They also established means to
rehabilitate the juvenile delinquents and reintegrate them to society. These are done because
the youth are considered as the weakest members of the society (Herrera, 1999), the hope of
the future (Pardo, 1999, Rizal), and vital in nation building (1987 Philippine Consitution).
Unfortunatly, a report from the Council for the Welfare of Children (CWC) shows that more
than 52,000 children from 1995 to 2000 were reported to be in conflict with the law.
In particular, the United Nation established in 1985 the “Standard Minimum Rules
for the administration of Juvenile Justice” or the The Beijing Rules (United Nations,
1985). This was followed in 1989 by the Convention on the Rights of the Child (CRC)
(United Nations, 1989). In 1990, the United Nation established the “Guidelines for the
1995, it organized the “World Programme of Action for Youth” or WPAY (United
Nations, 1995). Not contended with the previous programs, the United Nations formed in
1997 the “Administration of Juvenile Justice” (United Nations Economic and Social
Council, 1997) which is annexed to the resolution on the “Guidelines for Action on
Countries around the world established their laws and programs that pertains to
juvenile delinqueny. American Canada passed into law in 1908, the “Juvenile Deinquents
Act” and “Juvenile Justice Act” of the USA. European countries have their own juvenile
delinquency acts, like; the ”Juvenile Justice Act” of Germany in 1990, “The Children Act”
in Scotland in 1995, and “ Criminal Justice Act of 1994” of England and Wales. Latin
Amercian countries established their laws as well, like Brazil’s “Juvenile Justice”. In the
middle east, Brunei Darrusalam constructed “ The Children and Young Persons Act” for
the purpose of categorizing between adult offenders and juveniles. In Asia, Cambodia
created the “Juvenile Justice Law” which is embeded in Article IV of Cambodian Civil
Code under the law on prisons for the preservation of the welfare of the youth offenders.
The “Act on Child Protection”, “Act on Child Welfare”, “Act on Juvenile Justice System”
were created in Indonesia for the purpose of diversion of legal responsibility for the
juvenile offender on behalf of their well being. Laos passed “Law on the Protection of the
Rights and Interests of Children” and the Law on “Juvenile Criminal Procedure” to
conserve and protect the rigths ans interests of the childrens in conflict to the law. In
Malaysia, “Child Act of 2011” was made to guarantee everyone, including the children,
equality before the law and freedom from arbitrary arrest and detetion. In Myanmar
“Child Law” was passed to took care of the the children and promote equal right among
juvenile offenders. “The Children and Young Persons Act” was created in Singapore to
provide for the care and protection of children and young persons who are below 16 years
of age and provides for the rehabilitation of children and young persons who commit
offences that goes beyond parental control. In Thailand the “Act on Juvenile and Family
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Court Procedure” was made to create a framework for juveniles in conflict with law which
governs the juvenile justice system from the arresting, investigation, detention, bailing,
trial, prosecution and adjudication to the process of paroling, treatment and rehabilitation.
“Law on the Protection, Care, and Education of Children” was passed in Vietnam for the
delinquency.
The Philippines passed into law in 2006 the “Juvenile Justice and Welfare Act” or
otherwise known as Republic Act 9344 or the Juvenile Justice and Welfare Act of 2006.
The Act pave way for the protection and preservation of juvenile offenders from punity
and paved the way for the protection of children against maltreatment.The law is
considered as for the conduct of restorative justice in the country for juvenile delinquents.
According to Alcain (2014), Republic Act 9344 or the Juvenile Justice and Welfare
Act of 2006 is a special law enacted to establish a comprehensive and child sensitive justice
system in the Philippines where children can be held accountable using procedures that avoid
their incarceration and emphasized on prevention and rehabilitation so that there is lesser risk
of re-offending. However, while the said provision is highly beneficial for the preservation
and protection of Filipino children that are in conflict with the law, some institutions view
On 23rd of July 2012 Republic Act No. 10630 was approved by the senate and the
house of representatives. This act aims to strengthen the Juvenile Justice System of the
Philippines amending for the purpose of Republic Act No. 9344, otherwise known as The
On the 30th of June 2016 the House Bill No. 002 was received by the House of
Representatives. This bill seeks to amend Republic Act No. 9344 The Juvenile Justice and
Welfare Act of 2006. This bill was proposed by the Davao del Norte 1 st District
representative Pantalion D. Alvarez, and the representative of the 2nd District of Capiz,
Fredenil H. Castro.
various detention cell by recognizing the rights of children to care and special protection and
to provide them with interventions, approaches and strategies that will enable them to
improve their social functioning with the end goal of reintegration to their families with.
Despite the many attempts, ways, and means to solve the problem of juvenile
delinquency, still it continues unabated. The public continues to express tirade of opinions
- feeling, attitudes, and belief about juvenile delinquency and the Juveile Justice and
Welfare Act of 2006 or its propsed amenments . Some people continues to doubt its
effectiveness, beneficiality, applicability and relevance. Some people as well are hopeful
and optimistic that the country would be free from juvenile delinqents.
This study is inspired by these varying opinions. Hence, it will explore the opinions
of the public, the religious, and the academe about juvenile delinqueny and the juvenile
justice act or R.A 9344 and determine if they differ in their opinions.
As Political Science student, the researchers are interested in the study of the public
perception or political opinions is part of the scientific study of politics. In particular, it will
give the students a scientific evidence of how laws and governmental actions influence
Conceptual Framework
The study will be anchored on the different opinions and theories about juvenile
delinquency and the Juvenile Justice Act. Specifically, the study will use as framework the
theories of Zehr’s Restorative Justice Theory (1990), Wilson and Kelling’s Broken
Windows Theory (1982) and Bandura’s Social Learning (1977) and Collective Efficacy
Theory (1993).
According to Herrera (1999) the child is the weakest member of the state.Children
offenses appear weak to defend and protect themselves, thus, they need utmost protection.
Pardo (1999) considered the children as the hope of the future, source of inspiration,
and provide joy. However, there are those who take children for granted because they are
only children. Thus, all laws, regulations, and policies affecting the youth/children always
have as a common objective, the interest and welfare of the youth. Children, even the unborn,
have rights, too. They have basic rights regarding health care, education, and legal and social
and intelligent beings who exercised free will. They commit crimes because they envisioned
greater opportunities from crime and other forms of illegal acquisition of means than
performing the act of conforming to socially-accepted norms. Because of that, they are
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future crimes.
Similarly, Mohua N. (2013) in his study on Juvenile in Conflict with Law and
Rehabilitation discovered that majority of the girl and boy juveniles were between sixteen
and eighteen years. The predominant offense charge was related to “theft”, followed by
“assault”. This has implications on “rehabilitation”. The juveniles in conflict with law were
largely from low income working families. Majority of the juveniles were staying with their
families in Mumbai. Single earning members, having a family size of between five and seven
members, holding skilled or semi skilled jobs, school drop out of juvenile were some of the
highlights.
community to control the behavior of individuals and groups in the community. Bandura
(1993) asserted that the regulation of people’s behavior creates a safe and assuring
environment. The imposition of rules in a community allows the law enforcers and others to
control and regulate the behavior and conduct of its citizens, creating some sort of
intervention for future criminals. Crimes, grievances, misconducts and other unfavorable acts
will be lessened through the use of the said theory. Collective efficacy depends on the norms,
values and morals that are used by a community. If the residents of a community are willing
to partake and cooperate for its betterment, it is more likely that they would be successful in
creating a liveable and safe environment that is free of crimes and injustice.
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crime in the same way they learn to engage in conforming behavior: through association with
or exposure to others. Primary or intimate groups like the family and peer group have an
especially large impact on what we learn. In fact, association with delinquent friends is the
best predictor of delinquency other than prior delinquency. However, one does not have to be
in direct contact with others to learn from them; for example, one may learn to engage in
Zehr’s (1990) defines restorative justice as an approach to justice that personalizes the
crime by having the victims and the offenders mediate a restitution agreement to the
satisfaction of each, as well as involving the community. Victims take an active role in the
process, as well as the offenders. It would somehow give a sense of satisfaction to the
victims, knowing that the offender recognizes his accountability for his actions and conducts.
It also gives chance to the offender to redeem himself in the eyes of the victim, the
community and the law. This theory is centered on the preservation, reintegration and
Wilson and Kelling (1983) describe broken windows as norm-setting and signaling
effect of urban disorder and vandalism on additional crime and anti-social behavior. Wilson
& Kelling asserted that the norms and mores that are imposed in a society plays a vital role in
the suppression of crimes and other unlawful acts. The theory also states that the acts of
maintaining and monitoring urban environments could help in preventing small crimes, such
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as vandalism, indecency, loitering, as well as heinous offenses such as murder, rape, torture
and others.
Schematic Presentation
1. Feelings
2. Atttitudes
3. Beliefs
Dependent Variable
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This study will determine the public opinion about Juvenile Delinquency and
1. What is the opinion of the public about Juvenile Delinquency and Juvenile Justice
1.1 Feelings
1.2 Attitudes
1.3 Belief
2. What is the opinion of the public about Juvenile Delinquency and Juvenile Justice
2.1 Feelings
2.2 Attitudes
2.3 Belief
3. What is the opinion of the religious about Juvenile Delinquency and Juvenile
3.1 Feelings
3.2 Attitudes
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3.3 Belief
4. Is there a significant differences in the opinion of the public and the academe on
Juvenile Delinquency and Juvenile Justice Act in terms of feelings, attitudes, and
belief?
Hypothesis
Juvenile Delinquency and Juvenile Justice Act in terms of feelings, attittudes, and behavior.
Academe. The findings will provide the students of the College of Arts and Sciences
with information on the public opinon regarding Juvenile Delinquency and Juvenile Justice
Act.
The common people. They will benefit from this study by being aware of the
perception of the the public on Juvenile Delinquency and Juvenile Justice Act.
Law makers. Lawmakers will have a baseline data where they can base their
Parents. The parents will be enlightened of how different people view juvenile
delinquency.
Juvenile Deliquents. They will become aware of how the public, the religious, and
the academe views delinquency and hopefully will be awaken by the result of the study
toward reformation.
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Future Study. The study can serve as a framework for related research in the distant
future.
This study is primarily concerned with the public’s opinion of Juvenile Delinquency
and Juvenile Justice Act. Only the public, the religios, and the academe in Barangay
Carment and Liceo de Cagayan University accordingly will be ncluded in the study.
The study will be delimited to time and resources considering that the researchers are
Definition of Terms
To have a better understanding of this study, the following terms are operationally
defined.
young person, especially one below the age at which ordinary criminal prosecution is
possible.
Juvenile Justice. This refers to the area of criminal law that is applicable to persons
that are not within the legal age to be held responsible for criminal acts.
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ideas.
Public- refers to students, parents, and gradaprents from the College of Arts and
Restorative Justice- the process of repairing the harm caused by criminal behavior.